Abstract

This paper considers the various powers which are available to the police in respect of actual or anticipated breaches of the peace, and then questions whether they are necessary. In most cases, it is argued, the common law power is uncertain in its scope, and carries the risk of inappropriate or disproportionate use. There is also duplication, in that the common law power is matched by equivalent statutory powers. Given that the statutory powers are more clearly defined, and may be subject to safeguards not present in the common law, it is suggested that it would be preferable to abolish the common law power. This could be done without significantly restricting the power of the police to deal with behaviour which involves violence, or which may provoke violence